Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1887-03-31
orr IrersnArIvE nErrEH.


Down, March 90. Representative
McGee, who was stricken down by
serious illness seven or eight weeks ago,
has. AZ length, sufficiently recovered to
resume his Legislative duties. He ap-
peared In his seat this morning for the
first time since his sudden attack. /,
The opponents Of oleomargarine seem
to have iabored in vain thus far with the
senate. The House bill prohibiting the
manufacture and sale of bogus butter
does not move.
1t took the House the best part Of half
day to trim down and pass Mr.. Wilson's
wire fence bill, some of the debate on
that occasion bsipg decidedly acrimon-
ious. The same bill was killed and buried
by the Senate this morning in less than
Ave minutes.
In supporting his resolution to appro-
pirate $500 for current expenses Of the
States counsel, Messrs Gray and Bates,
10 contrasting before the United States
supreme court the questions of SOW
ereiRnty al issue between Delaware and
Jersey, Mr.. Norpy this morning gave
the following highly interesting resume
Of the history OF Delaware's title to the
whole of the Delaware river within the
12-mile circle;
After passing over the tine Of the early |
history Of the middle Atlantic coast, In |
Guiding Delaware, New Jersey and New
York, and the frequent conquests back and |
forth between the Dutch and English, the |
first title that appears to have any weight |
was the title Of Charles H., king OF Eng
land, to his brother James, duke OF York, /
OF all the middle Atlantic coast land south
OF the Connecticut river, In 1878. In 1913
| James, duke Of York, granted to Lord John
Berkeley and Sir George Oarterett, all the
| land between the Hudson and Delaware
/ rivers, under the name OF New Jersey,
| Soon after, In 1874, Lord John Berkeley sold
| his one undivided half part III these lands
| to John Fenwlck for $1,000. Fenwles
seems to have been very anxious 81 the
time to get out Of England. He had been
one Of the dupee or adherents Of Cromwell,
and had bsen appointed by Cromwell
major Of cavalry, and as such with
his cavalry, was required to assist In
the beheadine Of the King. After tnls
purchase, in 1875, he emtgrated, bag and
baggage, with all his family and servants,
for he seems TO have been grandfather at
this time, to the then wllds of the Delaware
river, and settled in the vtciuity OF what 10
now Salem, N. j., except that his vile never
came with him. As soon rs no got settled
down in his new home he followed the ex-
ample OF William Penn 30 far rs to nego-
tiats, with the Indians, who wers numerous
| on the snore, for their lands from Oldmans
creek AZ far down a. UohaDEsy creek, and
the largest part OF the purchase money paid
was 1856 gallons OF rum. We must go back.
During the period from 1914 TO 1854 the
: Dutch made another conquest of the land
from the English. Finally, before 1884, the
, | peace of Westminster was declared between
the Dutch and the English and the English
4 came into Anal and peaceful ownership OF
! | the land. In consequence OF this conquest
| after the laud had been granted to Berkeley
e and CaTterett, and the one undivided half
o part was sold TO Fenwlck, new grant or
a title was made. twas made ~ King Charles
IL. Joined with James, Duke OF York, to
Carterett and Fenwick, and the same is re-
corded in the high court Of chancery In
England OF that period. Complications be-
. gan to arise about this time, the first Of
which was that Fenwiek, before sailing &c
America, leased his whole interest for 9
o long period OF years to John Eldrtdge and
a Edmund Warner. Next, one Edward Byl
{ hinge, merchant OF England, claimed
n that he had furnished the money for Fen
wick, and that Fenwick was holding thu
most of this land In trust for him (EdwarC
"a BYllinge) Consequently, board ,
5e referees we're appointed to settle this ques
Sc ton, and William Penn, Garyen Lawrit
ell and John Lucas were appointed. They re
70 quired John Fenwick to surrender up nine
n. tenths OF this land TO Bylllnee. Next, Byl
az lynge failed, and had TO give these niLe
tenths to his creditors, who now divides
"a the whole into ten divisions, Eidridge an
1O Warner giving their consent as lessees Q
Sc Fenwick. Hence the ten proprietarie
ge OF New Jersey. The state as yet was undi
lie vided between Fenwick and Carterett a
3. owHers, and these West New Jersey propr
10 etaries, being chiefly Quakers, were anxiou
= for division. Consequently, they all cor
veyed to William Penn and Garven Lawri,
~ who divided with Carterett and bis propr
etaries, making what Is yet East anu We'
IL Nav JAfSAy Pam and Lawrta rpp0nyaVe
y, and the ten West Jersey proprietaries Wei
n formed for governmental purposes. A
n. though Fenwick was about ruled out by h
T., lease to Eldridge and Warner he still hel
70 the fee simple in this, one-tenth which WI
the land between 0ldman's creek and Sale
ms creek, and William Penn bought from Eel
wick his fee simple right In this one-tent
embracing the land ON New Jerseys side
the river within this 12-mtle circle. We no
ok ind this title as follows:
VI. First, Charles IL. OF England to his broth
nat James, Duke of York. Second, James, dul
mn Of York, 10 Lord John Berkeley and
Sn1 George Carterett Third, JoTd Berkeley
~ Jonn Fenwiek for undivided half. Ne
,t.i ai'af the Dutch conquest eonhrmRto
rs tile ID CHrterett and Fenwt.k and Anal
ar renwluks true one-tenth, to William Pen
mt. for this land embraced within the l2-mi
,Ilv circle.
t ax. II will be observed that there was rath
,ra. mixed title among these proprietaries, /
luIt Penn seems to have had his straight He al
ary bought out those who had located On Il
tbs land, getting 800 acres from one of the he
/, nv of Fenwlek. For fear Of trouble he ga
ied him 500 acres In another place outside
nj. these limits. 1t will now readily be Sc
and the object OF William Penn In getting FRI
mn the Duke Of York this peculiar title o
circle OF IL miles from New Castle. 1t '
be found TO cover this land between o
mans creek and Salem creek for distal
Of eight to II miles over in New Jers
tie And the ~ mile circle Ct land was got fir
the the Duke Of York evidently as contlrt
"a it tory title oil that OF Fenwicks. We also +
on that Penn, knowing the old English law
tt,n low water personal titles, which all tn
- proprietary titles were, In taking title
's ~, the whole OF the Delaware in these lin
I ny went through great pomp and eeremn
lott using the water from the Delaware As
on bIematical OF Its consequence. After
ated conveyance OF this twelve mile circle
ion. MIN ana previously owning the laild II
,,IJ Fanwick on the New Jersey side, he n
~ certainly had an indlsputable title
We could make the boundary on the II
no where he pleased. There is no doubt I
can ne considered the grant to Berkeley
that Carterett as extending from low W;
mark on the Hudson to low water marx
the Delaware. And in accordance '
that made low water mark on the !
-. Jersey side the boundary between !
t -:I Jersey and Delaware.
ninSe The village Of Hartley again emp
80, itself on Dover to-day, for presuIni
M the last time this session. The b
10, of contention has been bill reuuii
and the Hartleyites to raise 81 600 to bull
arsc school. house. The battle Of the factit
nam. for and against, has been hot
Laid protracted, but the friends Of the meas
have at last succeeded in trinmphal
carrying it through both houses
ma. Wilmington dealer who got stuck on
,ncks overstock of fireworks last Fourth
ann July might tind it to his advautag
there communicate with the victoTs,
avery the senate.
VS. to DOVER, March IS The Senate met
with O'Clock
nyas- Notice given By Mr.. Ferguson, an a.
ana revoke the chartsc Of the Delaware 4 Nj
land ship canal. by Mr. McWhorter, az
relation 10 the taxes Of the r, W. Il B.
rond.
Read first tlme-on molten of DR..
steam | tin, House biz to consolidate the La
oway school districts tread u second time Il
iprs, 10 lay out public road in Butll
,ut hundred near Millville Tread second
,arsst Also; act to INCORPORATE Herring Br
early tar unnsa XIII - aTe,nnt y,Sm ia tay,
10 IN certain property 10 Delaware City
, nm amend the act in relation to arrest In
actions; act to incorporate the q.
Hall Company of Wilmington ere,
second time alsol: act In relation &
Wilmington Board OF Water Commissil
Suaut read second time also); act to exten
onIy, time Of recording private Hcts (re
'k nre second time aso); on motion OF
spark Cooper, act to amend chapter ~, Re
~